Bestari & Henley (No 4)

In the case of Bestari & Henley (No 4), the Federal Circuit and Family Court of Australia (Division 1) addressed a dispute between the parties, Ms Bestari and Mr Henley, concerning alleged contempt of court and an anti-suit injunction. The primary issue before the court was whether Mr Henley had violated an anti-suit injunction by continuing family law proceedings in Country B, despite a previous court order prohibiting such actions. The wife had not applied to the court for Mr Henley to be held in contempt, prompting the court to consider whether it should direct an officer of the court to make such an application.

The court examined the legal principles surrounding contempt of court under Section 112AP of the Family Law Act 1975 (Cth) and the procedural rules set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), specifically rule 11.71. It evaluated the husband's arguments against making such an application, which included claims of the wife's non-compliance with disclosure obligations, the wife's failure to withdraw an appeal, the settlement of parenting proceedings, and the potential negative impact on co-parenting if contempt proceedings were initiated. Despite acknowledging these concerns, the court concluded that the significant matter of vindicating the authority of the court outweighed the potential drawbacks, particularly given the apparent ongoing defiance of the anti-suit injunction.

In its judgment, the court directed the Principal Registrar to apply for Mr Henley to be dealt with for contempt, emphasizing the importance of upholding the court's authority. Additionally, the court addressed an application for the judge to recuse themselves on grounds of apprehended bias and directed the husband to file and serve written submissions regarding this matter by a specified date. The proceedings were adjourned to a future date to be determined.